Tawera Wesley WICHMAN - 03/11/2017
Under section 21(2) of the Parole Act 2002
Tawera Wesley WICHMAN
Hearing: 18 October 2017
Reserved Decision: 3 November 2017
Members of the Board:
- Hon. M A Frater - Panel Convenor
- Mr D Hauraki
- Mr G Crowley
RESERVED DECISION OF THE BOARD
- Tawera Wesley Wichman is serving a sentence of three years, 10 months imprisonment for manslaughter. He was sentenced on 21 July 2016. His parole eligibility date was 31 October last and his statutory release date is 25 May 2020.
- At the conclusion of the hearing on 18 October last the Board reserved its decision pending receipt of confirmation from Community Probation that Mr Wichman’s proposed release address with [withheld] and [withheld] at [withheld] was suitable. The Board also questioned the appropriateness of one of the proposed release conditions for Mr Wichman and invited further comment from Probation.
- A specific addendum report addressing these issues is now to hand.
- It confirms that the proposed address is suitable, as are the proposed occupants, [withheld].
- While the report does not specifically address the Board’s concerns about the proposed special release condition prohibiting his contact with anyone under 16 years of age, in the current report that condition has been substituted by a condition confining that prohibition to people 10 years of age or younger without the prior written approval of a Probation Officer – the type of condition which the Board indicated it was contemplating.
- In our decision of 18 October we said that subject to an appropriate release address, we were minded to release Mr Wichman on parole.
- As that obstacle has now been removed, we see no reason not to make that direction.
- In all the circumstances we are satisfied that he will not pose an undue risk to the safety of the community during the remainder of his sentence, provided he complies with the conditions we will impose.
- Accordingly, he will be released on parole on [withheld] subject to the standard conditions set out in section 14 of the Parole Act 2002 and the following special conditions. All conditions will continue until his statutory release date of 20 May 2020.
- Given the nature of his offending, the lack of rehabilitative interventions provided so far by Community Corrections and the length of time remaining on his sentence, we believe that there are special circumstances in this case which warrant requiring a progress report pursuant to section 29B(2)(a).
- One of the issues for consideration at that stage is whether it is necessary for Mr Wichman to continue on parole until his SRD.
- It is open to the Board receiving that report to require Mr Wichman to attend a face to face hearing pursuant to section 29B(2)(b, if there are any concerns about his compliance and/or his risk.
- The report will be required for the Board sitting in June 2018.
- The special conditions are:
(1) To undertake and complete any assessment, programme, counselling or treatment directed by a Probation Officer, (including relationship counselling) to the satisfaction of the provider and your Probation Officer.
(2) To reside at [withheld] and not to move from that address, or any subsequent address without the prior written approval of your Probation Officer.
(3) To notify your Probation Officer prior to starting, terminating or changing your position or place of employment.
(4) Not to associate or otherwise have contact with any person 10 years or age or younger, unless you have prior written approval of your Probation Officer.
(5) If directed, to comply with any direction made under section 29B(2)(b) of the Parole Act 2002 to attend a hearing at a time and place to be notified to you, to enable the Parole Board to monitor your compliance with your release conditions.
Hon. M A Frater